Page No.# 1/5 GAHC010285052025 2025:GAU-AS:17698 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7450/2025 SAHIDUL ISLAM S/O ISMAT ALI, VILL. - LONGJUMP 700 ACRE PADUMONI, MAUZA - GORUBAT, P.O. - BARPANI, P.S. KOCHUA, DIST. - NAGAON ASSAM, F PIN - 782426 VERSUS THE STATE OF ASSAM AND 8 ORS ,REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM GENERAL ADMINISTRATION DEPARTMENT DISPUR GUWAHATI-6. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6. 4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS ASSAM PANJABARI GUWAHATI-37. 5:THE CHIEF CONSERVATOR OF FORESTS ASSAM Page No.# 2/5 PANJABARI GUWAHATI-37. 6:THE DIVISIONAL FOREST OFFICER NAGAON DIVISION NAGAON PIN -782001. 7:THE DISTRICT COMMISSIONER NAGAON DISTRICT NAGAON PIN -782001. 8:THE CIRCLE OFFICER KAMPUR REVENUE CIRCLE NAGAON PIN - 782426. 9:THE OFFICER IN CHARGE KACHUA POLICE STATION NAGAON PIN 78242 Advocate for the Petitioner : MS. S B CHOUDHURY, MR. M DAS Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, FOREST Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 19.12.2025 Heard Ms. S. B. Choudhury, learned counsel for the petitioner. 2. Challenge made in this writ petition is to the notice dated 21.11.2025, issued by the Divisional Forest Officer, Nagaon Forest Division, whereby the petitioner has been directed to vacate the land located within the Lutumai Reserve Forest in the district of Nagaon within 15 (fifteen) days. 3. It is the contention of the petitioner that on receipt of the eviction notice dated 21.11.2025, he has submitted the required documents in support of his possession of the land. The land under the possession of the petitioner falls under the revenue village which is outside the boundary of Lutumai Reserve Forest. The authorities have not considered the same instead issued the impugned notice of eviction. 4. Ms. Choudhury, learned counsel for the petitioner, submits that despite submission of documents as directed, no consideration has been made as on today and the petitioner would be evicted without adjudication of his claim. She submits that the land under the possession of the petitioner does not fall within the Lutumai Reserve Forest. 5. Mr. P. N. Goswami, learned Additional Advocate General, referring to the Page No.# 4/5 judgment rendered in the case of Abdul Khalek in WA No. 251/2025, submits that this Court has mandated that the encroachers of the reserve forest shall be evicted. While doing so, if it is found that there are some settlers, even though unauthorized, they ought to be given a reasonable period of 15 (fifteen) days time and thereafter a further period of 15 (fifteen) days for exiting encroached land. He submits that the petitioner has failed to bring on record any material to substantiate the claim that any representation or supporting documents were submitted before the authority, except the bald submission made by the learned counsel for the petitioner. 6. Upon consideration of the matter, it would reveal that except for the copy of the impugned notice of eviction dated 21.11.2025, issued by the Divisional Forest Officer, Nagaon Forest Division, no any other document is placed on record in support of the claim of the petitioner that the land in his possession falls outside the boundary of the Lutumai Reserve Forest. Thus, in absence of such material, it would be difficult for this Court to determine as to whether the petitioner has any right to claim over the land in question. However, since this Court in WA No. 251/2025 has permitted even the unauthorized occupants within the reserve forest land to provide an opportunity, this Court deems it appropriate, in the interest of justice, to permit the petitioner to approach the competent authority by filing a representation along with supporting documents for appropriate consideration. 7. Accordingly, this writ petition is disposed of with a direction to the petitioner to file a representation before the Divisional Forest Officer, Nagaon Forest Division, within a period of 7 (seven) days from today, enclosing all Page No.# 5/5 relevant documents in support of his claim. On receipt of the representation that would be filed by the petitioner, the Divisional Forest Officer, Nagaon Forest Division, shall consider the same and pass a reasoned order in accordance with law within a period of 15 (fifteen) days thereafter. 8. It is made clear that in the event the petitioner fails to submit the representation within above prescribed period, the respondent authorities shall be at liberty to proceed with in terms of the impugned eviction notice dated 21.11.2025. 9. Till completion of the exercise, as directed hereinabove, status quo as on today shall be maintained. 10. Writ petition stands disposed of. JUDGE Comparing Assistant